7 U.S.C. § 6971
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- (a)The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Research, Education, and Economics (referred to in this section as the “Under Secretary”).
- (b)The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among distinguished scientists with specialized training or significant experience in agricultural research, education, and economics.
- (c)The Under Secretary shall—
- (d)
- (1)The Secretary shall delegate to the Under Secretary those functions and duties under the jurisdiction of the Department that relate to research, education, and economics.
- (2)The Under Secretary shall—
- (A)identify, address, and prioritize current and emerging agricultural research, education, and extension needs (including funding);
- (B)ensure that agricultural research, education, and extension programs are effectively coordinated and integrated—
- (C)promote the collaborative use of all agricultural research, education, and extension resources from the local, State, tribal, regional, national, and international levels to address priority needs; and
- (D)foster communication among agricultural research, education, and extension beneficiaries, including the public, to ensure the delivery of agricultural research, education, and extension knowledge.
- (3)The Under Secretary shall perform such other functions and duties as may be required by law or prescribed by the Secretary.
- (e)
- (1)The Under Secretary shall organize within the office of the Under Secretary 6 Divisions, to be known collectively as the “Office of the Chief Scientist”, which shall coordinate the research programs and activities of the Department.
- (2)The Divisions within the Office of the Chief Scientist shall be as follows:
- (3)
- (A)The Under Secretary shall select a Division Chief for each Division using available personnel authority under title 5, including—
- (i)by term, temporary, or other appointment, without regard to—
- (I)the provisions of title 5 governing appointments in the competitive service;
- (II)the provisions of subchapter I of chapter 35 of title 5 relating to retention preference; and
- (III)the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates;
- (ii)by detail, notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this paragraph, requiring reimbursement for those details unless the appropriation Act specifically refers to this subsection and specifically includes these details;
- (iii)by reassignment or transfer from any other civil service position; and
- (iv)by an assignment under subchapter VI of chapter 33 of title 5.
- (i)by term, temporary, or other appointment, without regard to—
- (B)To the maximum extent practicable, the Under Secretary shall select Division Chiefs under subparagraph (A) in a manner that—
- (C)Notwithstanding title 5, the maximum length of service for an individual selected as a Division Chief under clauses (i) and (iii) of subparagraph (A) shall be for not less than 3 years.
- (D)To be eligible for selection as a Division Chief, an individual shall have—
- (E)Except as otherwise provided in this Act, each Division Chief shall—
- (i)assist the Under Secretary in identifying and addressing emerging agricultural research, education, and extension needs;
- (ii)assist the Under Secretary in identifying and prioritizing Department-wide agricultural research, education, and extension needs, including funding;
- (iii)assess the strategic workforce needs of the research, education, and extension functions of the Department, and develop strategic workforce plans to ensure that existing and future workforce needs are met;
- (iv)communicate with research, education, and extension beneficiaries, including the public, and representatives of the research, education, and extension system, including the National Agricultural Research, Extension, Education, and Economics Advisory Board, to promote the benefits of agricultural research, education, and extension;
- (v)assist the Under Secretary in preparing and implementing the roadmap for agricultural research, education, and extension, as described in section 7614a of this title; and
- (vi)perform such other duties as the Under Secretary may determine.
- (A)The Under Secretary shall select a Division Chief for each Division using available personnel authority under title 5, including—
- (4)In addition to selecting the Division Chiefs under paragraph (3), using available personnel authority under title 5, the Under Secretary shall select personnel—
- (A)to oversee implementation, training, and compliance with the scientific integrity policy of the Department;
- (B)
- (C)to assist the Chief Scientist in coordinating the international engagements of the Department with the Department of State and other international agencies and offices of the Federal Government; and
- (D)to oversee other duties as may be required by Federal law or Department policy.
- (5)
- (A)
- (i)There is authorized to be appropriated such sums as are necessary to fund the costs of Division personnel.
- (ii)In addition to amounts made available under clause (i), notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this paragraph unless the appropriation Act specifically refers to this subsection and specifically includes the administration of funds under this section, the Secretary may transfer funds made available to an agency in the research, education, and economics mission area to fund the costs of Division personnel.
- (B)To the maximum extent practicable—
- (C)To the maximum extent practicable, and using the authority described in paragraph (3)(A), the Under Secretary shall rotate personnel among the Divisions, and between the Divisions and agencies of the Department, in a manner that—
- (A)
- (6)The Under Secretary shall integrate leadership functions of the national program staff of the research agencies into the Office of the Chief Scientist in such form as is required to ensure that administrative duplication does not occur.
- (f)
- (1)In this subsection:
- (A)The term “Advisory Board” means the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123).
- (B)The term “applied research” means research that includes expansion of the findings of fundamental research to uncover practical ways in which new knowledge can be advanced to benefit individuals and society.
- (C)The term “capacity and infrastructure program” means each of the following agricultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conservation, and Energy Act of 2008:
- (i)Each program providing funding to any of the 1994 Institutions under sections 533, 534(a), and 535 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382).
- (ii)The program established under section 536 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) providing research grants for 1994 Institutions.
- (iii)Each program established under subsections (b) and (c) of section 343 of this title.
- (iv)Each program established under the Hatch Act of 1887 (7 U.S.C. 361a et seq.).
- (v)Each program established under section 1417(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)).
- (vi)The animal health and disease research program established under subtitle E of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191 et seq.) 1 So in original. Probably should be followed by a comma. except for the competitive grant program under section 1433(b) [7 U.S.C. 3195(b)].
- (vii)Each extension program available to 1890 Institutions established under section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221).
- (viii)The program established under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222).
- (ix)The program providing grants to upgrade agricultural and food sciences facilities at 1890 Institutions established under section 1447 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b).
- (x)The program providing distance education grants for insular areas established under section 1490 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362).
- (xi)The program providing resident instruction grants for insular areas established under section 1491 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363).
- (xii)Each research and development and related program established under Public Law 87–788 (commonly known as the “McIntire-Stennis Cooperative Forestry Act”) (16 U.S.C. 582a et seq.).
- (xiii)Each program established under the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.).
- (xiv)Each program providing funding to Hispanic-serving agricultural colleges and universities under section 1456 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3243].
- (xv)The program providing capacity grants to NLGCA Institutions under section 1473F of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3319i].
- (xvi)Other programs that are capacity and infrastructure programs, as determined by the Secretary.
- (D)The term “competitive program” means each of the following agricultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conservation, and Energy Act of 2008:
- (i)The Agriculture and Food Research Initiative established under section 3157(b) of this title.
- (ii)The program providing competitive grants for risk management education established under section 1524(a) of this title.
- (iii)The program providing community food project competitive grants established under section 2034 of this title.
- (iv)The beginning farmer and rancher development grant program established under subsection (d) of section 2279 of this title.
- (v)The program providing grants under section 1417(j) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(j)).
- (vi)The program providing grants for Hispanic-serving institutions established under section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241).
- (vii)The program providing competitive grants for international agricultural science and education programs under section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b).
- (viii)The research and extension projects carried out under section 5811 of this title.
- (ix)The organic agriculture research and extension initiative established under section 5925b of this title.
- (x)The specialty crop research initiative under section 7632 of this title.
- (xi)The research, extension, and education programs authorized by section 7627 of this title relating to the competitiveness, viability and sustainability of small- and medium-sized dairy, livestock, and poultry operations.
- (xii)Other programs that are competitive programs, as determined by the Secretary.
- (E)The term “Director” means the Director of the Institute.
- (F)The term “fundamental research” means research that—
- (G)The term “Institute” means the National Institute of Food and Agriculture established by paragraph (2)(A).
- (2)
- (A)The Secretary shall establish within the Department an agency to be known as the “National Institute of Food and Agriculture”.
- (B)The Secretary shall transfer to the Institute, effective not later than October 1, 2009, the authorities (including all budget authorities, available appropriations, and personnel), duties, obligations, and related legal and administrative functions prescribed by law or otherwise granted to the Secretary, the Department, or any other agency or official of the Department under—
- (i)the capacity and infrastructure programs;
- (ii)the competitive programs;
- (iii)the research, education, economic, cooperative State research programs, cooperative extension and education programs, international programs, and other functions and authorities delegated by the Under Secretary to the Administrator of the Cooperative State Research, Education, and Extension Service pursuant to section 2.66 of title 7, Code of Federal Regulations (or successor regulations); and
- (iv)any and all other authorities administered by the Administrator of the Cooperative State Research, Education, and Extension Service.
- (3)
- (A)The Institute shall be headed by a Director, who shall be an individual who is—
- (B)The Director shall report directly to the Secretary, or the designee of the Secretary.
- (C)The Director shall—
- (i)serve for a 6-year term, subject to reappointment for an additional 6-year term;
- (ii)periodically report to the Secretary, or the designee of the Secretary, with respect to activities carried out by the Institute; and
- (iii)consult regularly with the Secretary, or the designee of the Secretary, to ensure, to the maximum extent practicable, that—
- (D)The Director shall receive basic pay at a rate not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under subsection (b) of section 5382 of title 5, except that the certification requirement in that subsection shall not apply to the compensation of the Director.
- (E)Except as otherwise specifically provided in this subsection, the Director shall—
- (i)exercise all of the authority provided to the Institute by this subsection;
- (ii)formulate and administer programs in accordance with policies adopted by the Institute, in coordination with the Under Secretary;
- (iii)establish offices within the Institute;
- (iv)establish procedures for the provision and administration of grants by the Institute; and
- (v)consult regularly with the Advisory Board.
- (4)The Institute shall have such authority as is necessary to carry out this subsection, including the authority to promulgate such regulations as the Institute considers to be necessary for governance of operations, organization, and personnel.
- (5)
- (A)The Director shall organize offices and functions within the Institute to administer fundamental and applied research and extension and education programs.
- (B)The Director shall ensure the research priorities established by the Under Secretary through the Office of the Chief Scientist are carried out by the offices and functions of the Institute, where applicable.
- (C)The Director shall—
- (D)The Director shall—
- (E)The Director shall ensure that the offices and functions established under subparagraph (A) are effectively coordinated for maximum efficiency.
- (6)
- (A)In addition to funds otherwise appropriated to carry out each program administered by the Institute, there are authorized to be appropriated such sums as are necessary to carry out this subsection for each fiscal year.
- (B)Funding made available under subparagraph (A) shall be allocated according to recommendations contained in the roadmap described in section 7614a of this title.
- (1)In this subsection: